Editorial: Begging for safety

Tuesday

Feb 26, 2013 at 12:01 AM

No law will ever end all panhandling, especially in economic times like these. But Marion County’s proposed ordinance aimed at curbing panhandlers at intersections could go a long way toward reducing what has become equal parts safety hazard and public nuisance.

By Carlos E. MedinaCorrespondent

No law will ever end all panhandling, especially in economic times like these. But Marion County’s proposed ordinance aimed at curbing panhandlers at intersections could go a long way toward reducing what has become equal parts safety hazard and public nuisance.

Crafted by County Attorney Guy Minter, the ordinance is pretty simple: No one can solicit money or anything else from a motorist unless they are on the sidewalk or behind the 4-foot right of way bordering most county roads.

The county is taking this targeted approach after a 2006 attempt to stop panhandlers was ruled unconstitutional because it violated panhandlers’ rights to free speech and it made exemptions and, therefore, did not treat everyone the same.

The new law would prohibit anyone from soliciting anything from motorists anywhere between the right of ways or sidewalks on either side of the road. The Marion County ordinance is fashioned after one in Hillsborough County that has already withstood legal scrutiny.

Essentially, Minter told us, public roads have historically been forums for the “exchange of speech,” but restrictions can be placed on that speech — and that includes begging for money — “if there’s a compelling government interest in the interest of safety.”

Minter said the county has heard “recurring concerns” about panhandlers approaching vehicles at stoplights and at intersections, sometimes in an aggressive manner that includes hitting vehicles and threatening motorists. Moreover, he said, panhandlers darting in and out of traffic when it is beginning to move is clearly a safety issue.

No doubt the mere presence of panhandlers — some of whom are daily regulars at certain intersections — is part of the County Commission’s motivation for pursuing this ordinance. Yet, there is a genuine safety issue, as anyone knows who has had to negotiate traffic with a panhandler holding up traffic either by talking to a motorist or moving in and out of traffic.

This ordinance will do nothing to stop panhandling in parking lots, on sidewalks or at restaurants. It is specifically aimed at in-traffic begging — and because the ordinance is so narrowly limited, it will likely hold up.

“The courts are saying you either have a safety problem or you don’t,” Minter said.

Marion County clearly has a safety problem at certain intersections. State Road 200 and Southwest 60th Avenue and U.S. 441 at County Road 326 come most immediately to mind, but they are hardly isolated examples.

Marion County also has a public perception issue as well, as residents and visitors are approached by strangers looking for a handout.

One has a legal remedy, we believe, while the other is a inconvenient fact of life.

“The reality is this is a problem all across the country ... it’s a societal problem,” Minter lamented.

The County Commission will hold a public hearing on the proposed ordinance on March 19. The ordinance should not infringe on the rights of sign holders, political campaigners or anyone else with message who stands off the road. Its sole intent is to keep people who are soliciting, for whatever reason, out of traffic and out of harm’s way.

It is a reasonable, and appropriately limited, solution to what has been a nagging problem for our community.